- Free Case Review
- About Negligent Driving QLD
- Negligent Driving Causing Death or Grevious Bodily Harm
- What to Do if Charged With Negligent Driving QLD
- Your Rights and Responsibilities
- Steps to Avoid Being Charged With Dangerous Driving
- Compensation for Dangerous or Careless Driving
- Road Accident Lawyers Nearby
- Dangerous Driving and Careless Driving Offence FAQs
Did you know that dangerous driving behaviours, like excessive speeding, cause about 30% of all fatal traffic accidents in Queensland? As a result, negligent driving risks not only your life but also the lives of other road users.
But even if you don’t suffer grievous bodily harm or death in a traffic accident, careless driving can still have adverse impacts. The violent force of traffic accidents associated with the dangerous operation of a motor vehicle can cause severe bodily injury or serious disfigurement.
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Major Topics
- Knowing Queensland’s dangerous driving laws is vital for avoiding penalties and ensuring the safety of all motorists.
- Police officers have the authority to enforce these laws, which can result in fines, penalties, or imprisonment when aggravated factors, such as excessive speeding, contribute to collisions.
- Obeying speed limits and being a safe driver will help prevent being charged with careless driving.
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Splatt Lawyers can explain your legal rights when harmed by negligent driving. Our motor vehicle accident lawyers provide legal advice for car accident claims. All our legal services are funded on a 100% no-win, no-fee basis. It’s free to know where you stand. Call 1800 700 125
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About Negligent Driving QLD
As defined under Queensland law, negligent driving is the careless operation of a vehicle. That is, driving without the appropriate level of care and attention expected from a reasonable and prudent driver. These careless driving traffic offences include:
- Excessive speeding
- Operation of a motor vehicle while under the influence of alcohol or drugs
- Otherwise, engaging in reckless behaviour on Queensland roads.
Police officers are tasked with enforcing Queensland’s dangerous driving laws. Penalties for driving without due care and attention include:
- Fines
- Demerit points
- Revoking a driver’s licence
The Difference Between Careless Driving and Driving Dangerously
Careless driving and driving dangerously are not the same offence.
Careless driving is generally defined as operating a motor vehicle without reasonable consideration for other people. It is also known as ‘driving without due care and attention.
In contrast, a dangerous driving charge involves the dangerous operation of a vehicle, considering all the circumstances. Examples include:
- Excessively speeding
- Adversely affected by an intoxicating substance
- Participating in an unlawful race or unlawful speed trial, either in public or on private property
- Reckless driving causing death
Remember that driving a vehicle dangerously is a criminal offence under Section 328A of the Criminal Code Act (Qld), careless driving is merely a traffic offence – see section 83 or the TORUM.
A careless driving charge and a dangerous driving charge have significantly different potential penalties. For instance, the maximum penalty for careless driving in Queensland is six months’ imprisonment or 40 penalty units, which is a maximum fine of $26,704 as of 1 July 2025. Meanwhile, dangerous driving has harsher penalties, as outlined below.
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Negligent Driving Causing Death or Grevious Bodily Harm
In Queensland, negligent driving causing death or grievous bodily harm is a more serious offence than negligent driving.
• You can be charged with this offence when negligent driving causes the death or serious injury of another person.
• Grievous bodily harm (GBH) generally means any permanent or serious disfigurement and often includes burns, scarring and fractures.
Queensland Driving Laws and Penalties
Section 328A of the Criminal Code Act outlines the rules for a dangerous driving criminal offence in Queensland. Generally, it is easier to successfully prosecute a dangerous driving offence than some other traffic offences, like motor vehicle manslaughter, because the standard of proof is much higher in criminal cases. Furthermore, negligence is not considered in traffic-related criminal legal matters.
These are the current penalties for careless driving offences in Queensland.
Dangerous Driving Offence
The maximum penalty for basic dangerous vehicle operation is 400 penalty units and/or three years imprisonment. However, the maximum penalty increases to twenty years imprisonment if the driver is intoxicated, speeds, or engages in drag racing or has a criminal history of such offences.
There is an automatic disqualification period of at least six months for a conviction.
Dangerous Driving Causing Bodily Harm or Death
Driving in a dangerous manner, causing death or serious injury, has more severe penalties, including up to 14 years imprisonment.
The maximum penalty can be 20 years in prison when the offence involves:
• Excessive speeding
• An unlawful race
• Driving while intoxicated
• Evading police
• Causing death or grievous bodily harm
Careless Driving in Queensland
On the other hand, as mentioned earlier, the maximum penalty for careless driving (also known as negligent driving) in Queensland is 160 penalty units ($26,740) or a maximum prison sentence of two years.
The Magistrates Court hears charges of careless driving in Queensland.
If you plead guilty to careless driving, you may receive a less severe penalty as a sign of cooperation.
You can appeal a magistrate’s decision in a careless driving case within 28 days of the ruling.
Licence Disqualification
When a court prohibits a driver from operating a vehicle for a predetermined amount of time, it is known as licence disqualification. Regardless of whether the court imposes a penalty, drivers in Queensland found guilty of careless driving often face a period in which their licence is revoked.
Criminal Conviction
In some cases, a driver who has committed a dangerous driving offence can face a criminal charge and imprisonment. This penalty is more likely when the criminal offence involves drugs or alcohol, speeding, a drag race, or another unlawful race.
QLD Police Powers and the Transport Operations Act
Police in Queensland have the authority to uphold the Transport Operations (Road Use Management) Act 1995, particularly Section 83, which criminalises negligent driving of a motor vehicle. Thanks to this legislation, they now have the authority to stop and detain drivers whom they suspect of driving dangerously.
What to Do if Charged With Negligent Driving QLD
If you have been charged with negligent driving, you have the right to legal representation. The following section covers why you need effective legal representation before you attend court and other top tips for managing a traffic offence.
Seeking Legal Representation
Legal representation from a criminal lawyer can help you:
- Understand your traffic offence
- Collect evidence
- Develop an effective defence strategy
- Negotiating with the prosecution on your behalf, seeking to reduce the penalties or charges
- Representing you in a district or magistrates court
Preparing for a Court Appearance
Demonstrating respect and professionalism is key when preparing for a court appearance related to a dangerous driving offence. This includes:
- Dressing appropriately
- Arriving on time
- Showing respect to the judge and other court officials
- Following instructions
- Presenting your case
- Remaining calm and composed
You have the right to seek legal advice for specific guidance tailored to your particular case. During a court hearing for a traffic offence, you can anticipate that the hearing will take place in the Magistrates’ Court. The court has discretion in determining the actual penalty, which may include:
- fines
- demerit points
- disqualification from driving
- probation
- imprisonment
Your Rights and Responsibilities
Knowing your rights and obligations—including adhering to the road rules—is fundamental to discharging your duty of care to other road users.
Know Your Rights
Drivers in Queensland have several fundamental rights, including:
- Driving safely and taking due diligence to avoid endangering or hurting other road users
- The right to legal representation when charged with dangerous driving
- The capacity to present their case and provide evidence in their defence
- The ability to challenge the evidence presented against them
- The right to a fair trial
- An opportunity to appeal the decision if found guilty
Obeying Road Rules
Drivers’ responsibilities include:
- Exercising due care to prevent harm to other motorists
- Ensuring the safety of their driving activities
- Following safety standards and insurance requirements when transporting hazardous materials
- Meeting their obligations if they are involved in a motor vehicle accident
Some of the primary Queensland road rules relate to the following:
- Changing lanes and merging
- Yielding
- Keeping left and overtaking
- Roundabouts
- Road markings
- Maintaining safe following distances
Steps to Avoid Being Charged With Dangerous Driving
All motorists should obey the road rules to keep our roads safe and to prevent injuries and fatalities. Next, we discuss why you must abide by speed limits and how to avoid a dangerous driving offence.
Adhering to Speed Limits
Obeying the road rules by refraining from reckless driving reduces the risk of a road accident. In Queensland, the speed limit in built-up areas is 50 km/h unless otherwise stated, while in non-built-up areas, the speed limit is generally 100 km/h. The consequences of excessive speeding include the following:
- Charged with careless driving
- Fines and demerit points
- Suspended driver’s licence
- Imprisonment for severe cases
Safe Driving Techniques
Safe driving habits help safeguard all vehicle drivers while reducing the chance of a traffic infringement. Some of the best safe driving techniques include the following:
- Paying attention to one’s surroundings and preventing distractions
- Adhering to the 3 to 4-second rule
- Maintaining a reasonable speed
- Obey traffic lights
- Displaying courtesy and patience towards other motorists
- Resisting aggressive driving
- Adjusting to different driving conditions
- Don’t drive under the influence
- Wearing a seat belt
Compensation for Dangerous or Careless Driving
You can be financially compensated when someone commits a serious offence while driving without reasonable consideration and you are injured. Queensland compensation laws give you the right to make a personal injury claim for the negligent actions of other people, regardless of whether you were a passenger, another driver, pedestrian, cyclist, motorbike rider, or in any other circumstance.
This right extends to all criminal offences relating to the dangerous operation of a motor vehicle, including:
- Excessively speeding
- Drag racing or other unlawful races
- Driving into oncoming traffic
- Ignoring traffic lights
- Driving under the influence of an intoxicating substance
- Dangerous driving occasioning death
- Any other careless driving, reckless or negligent criminal traffic offence
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Splatt Lawyers provides legal insights from locations Queensland-wide when careless driving causes you harm or someone fails to follow the Queensland road rules.
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Dangerous Driving and Careless Driving Offence FAQs
What is the meaning of reckless or furious driving?
Reckless or furious driving means driving a car in a way that shows a deliberate or careless disregard for the safety of people or property. This kind of driving isn’t just careless; it’s done on purpose and makes it much more likely that you’ll hurt someone else on the road.
• Driving recklessly or angrily can cause serious accidents that hurt people, cause serious bodily harm or death.
• Some examples of reckless or furious driving are: excessive speeding, overtaking too closely, tailgating, running red lights, and racing on the street (drag racing).
• In Queensland, reckless or furious driving is often charged as a dangerous driving offence, which can result in large fines, loss of licence, and even jail time.
What is a negligent driving charge in Australia?
Negligent driving in Australia is the offence of driving a vehicle without exercising the level of care and attention (or reasonable consideration) that a reasonable and prudent driver would exercise, which can put the driver, the public and other persons at risk of injury or death.
What is the driver’s duty of care in QLD?
In Queensland, all drivers must take reasonable steps to operate their vehicle with due care and attention, obey road rules, and prevent harm to others, including passengers, cyclists, and pedestrians.
What is the penalty for dangerous driving of a motor vehicle in Australia?
The penalty for dangerous driving in Australia varies depending on the state where the criminal offence occurred. Furthermore, the level of punishment for driving without reasonable consideration also depends on whether:
- You have been convicted of the same offence previously
- It was a first or subsequent conviction
- You ignored or obeyed law enforcement officers
What is the penalty for death or grievous bodily harm in Queensland?
According to Section 321 of the Criminal Code Act of 1899, a driver may face charges for a traffic offence if they were a significant contributing factor in an accident that resulted in death or grievous bodily harm to another person.
The maximum punishment for this extremely serious offence is twenty years in prison. If the driver who caused the accident was driving too fast or left the scene following the accident, their sentence can be increased to 14 years in prison.